Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-08-23
F NATION
....FoR...
OWNERS AND LOcATops
....OF....
MI Il M Es
APPLICATION FOE pArrun

Ine record, and can neither be withd patt
ersi Isn5 " must be transmitted to the GaOf
An application will be rejected vban ~.
sufficient. ofoneous or
cause: 10 helected be
First The notice was puh,,shoa
knowledge Of the Register. "'uoutthe
oeoono-Ihe notice was not published in
newspaper designated as published nesrest thu
ana dhird-heoord title was found defective.
Fourth--A previous application had h...
made Tor the same premises. which w. ueen
drawn pending a suit in Court commenosd w.
the adverse claimant. W
An application for patent will be re;ao,o,
when the survey does not accurately despa w.
boundaries OF the claim, 'ae
ance with law. "'0ofd-
Where several parties own separate and a.
Inct portions OF Q claim, application for
patent may be made by either for tn At no,,ioa
OF the claim owned by him but where so,as.a
parties W undivided interests in : ,ninaal
claim all should join In an application fors
patent. w
A person or sssocistion may purchase "a
many placer locations a. the local law admits
and embrace them all in one application No.,
pstent.
Two or more lodes cannot bs embraced .,
one application for q patent except fsy placer
claims embracing two or more lodss with,n
their boundaries An
Papers sworn to before any person purpoyt.
Ing to act as o deputy for the Register and ne,
ceiver cannot be recorded Is evidences.
IN ali patents for mining claims situated
within the interior boundaries of a town si,s
Q clause is inserted "~excepting and excluding
all town property, rights upon the surface
and all houses, buildings, structures, lots
blocks, streets. alleys or other municipal Inn
provements not belonging to the grantee here.
In, and all rights necessary or proper to The
occupation, possession and enjoyment OF Ina
same" '"
Publication Of notice must be made n on,v
one newspaper for the period of 60 DAYS.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers go days must elspse between The
hrst and last insertions.
Where the Register d esignAtes thu daily issue
of a newspaper fer publication of notices Of 4
mining application for patent it is not q com.
pliance with law to change TO the weekly edi.
ton OF the same paper without authority OF
the Register.
The existence OF a salt spring on a tract Of
land withdrsws ii from the operation of the
Homestead and presumption laws, A hearing
for the purpose of proving the Agricultural
character OF such land Is not allowed. Land
containing valuable deposits Of siste may be-
entered under the mining Acts.
ADvERsE CLAIMS.
Adverse claimants must nle 9 separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once 6led.
cannot be withdrawn. but becomes a part OF the
record.
When an adverse claim has been filed II can.
not be amended 40 as to embrace q larger per.
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made ont In
proper form and filed In the proper local Office
during the period Of publication Of the sppli.
cation for the patent to be effective.
1t ts the duty OF the adverse claimant o
commence suit In proper form within the re-
CURED time, and IL he trusts the uncertain
medium Of the United States mail he must
abide the consequences, should the delg
ensue, through misfortune or accident. ShouA
the failure to commence suit be the result Of
the cor fupt or dishonest action of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions Of law. without stating the
facts specially, will not be considered In eyi.
dence.
An adverse claimant should show a compli.
ance with the local laws in recording his claim
| and in regard to expenditures. and shall hle 8
copy OF the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to a suit that they
| compose the company is sufficient, and they
are not required to prove that they are the
| original locators or the identical parties who
| present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is of little, II any value, for agri
| cultural purposes, but 10 essential TO the
| proper development Of mining claims, IL
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in oh Agricultural
entry, said entry will be Cancelled az any time
| prior to issuance of patent, upon satisfactory
| evidence Of the existence of such valuable de-
posts.
Where valuable deposits of mineral are dis.
| covered upon q tract after the same ,ss been
en- tered az agricultural, but before l stent has
been issued, the parties claiming the mine
| may make application for patent for same,
| and the agricultural entry will be Cancelled to
| that portion of the land embraced by said
mining claim.
where mineral deposits are discovered on
AGRICULTURAL lands after the patent has been
| issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location and
dispose OF 1t. provided he becomes a citizen
| before disposing OF the mine. Proof that the
| party was not 9 citizen before disposing OF his
claim must be afirmstively shown.
Locstors and intermediate owners. other
than applicants, will not be presumed slienf,
| In the absence Of allegation or objection prior
to issuance Of patent.
The portion of q mining claim sold TO gu
alien cannot be patented while such owner ~
an alien; but on his declaration to become
citizen his right dates back to his purchase,
aud he may thereupon secure United stA"s
patent for his claim.
CROSS LEDGKs.
Revised Statutes. Section 1896:
Where two or more lodges cross or intefssys,
each other, priority OF title shall govern, -
such prior location shall be entitled TO b.
or mineral confirmed within the space OF ihcso
section, but the subsequent location shauns,.
the right of way through the space OF in "a
section for the purpose OF the conveno.
working Of the mine. And where two OF noinu
veins unite the oldest or prior location ~.
take the vein below the point OF union' !"
Guiding all the space Of intersection
TUNNELS.
There is no authority of law FOR q tunnv,
location 5000 by 1900 feet. A proper ioca'oA
IA the width Of the tunnel for 5000 rect.
There lie no provision of law for patenuns
tunneI locations. but lodes discovered In run.
ming a tunnel may be patented In like manner
"wx.h. a. gr.ntad to tunnel owners W